Habeas Corpus

18,785 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• United States ex rel. Milton Ellington v. Hon. J. P. Conboy
  459 F.2d 76· 2d Cir.· 1972-04-24 ·cited 4×
  The court held that the district court's order should be vacated and the petitioner given an opportunity to amend his habeas corpus application.
• Steed v. Salisbury
  459 F.2d 475· 6th Cir.· 1972-04-13 ·cited 4×
  The court held that the appellant failed to exhaust his state court remedies regarding his claim of ineffective assistance of counsel and denial of appeal.
• Hopkins v. Louie L. Wainwright
  458 F.2d 393· 5th Cir.· 1972-04-06 ·cited 4×
  The court held that the district court correctly denied the petition for a writ of habeas corpus.
• United States ex rel. Victor E. Taylor v. Rundle
  456 F.2d 1245· 3d Cir.· 1972-02-16 ·cited 4×
  The court held that the defendant was deprived of the effective assistance of counsel under the circumstances.
• Waymond Gene Small v. State OF Ariz. ex rel. Frank A. Eyman
  455 F.2d 456· 9th Cir.· 1972-02-15 ·cited 4×
  The district court correctly denied the habeas corpus petition because the state court proceedings were constitutionally sufficient and supported by the record.
• Terry v. Wingo
  454 F.2d 694· 6th Cir.· 1972-02-08 ·cited 4×
  Federal habeas corpus relief may be granted without requiring exhaustion of state remedies if circumstances render the state corrective process ineffective.
• Armstrong v. Hon. Melvin Laird
  456 F.2d 521· 1st Cir.· 1972-02-01 ·cited 4×
  The court held that the rejection of the conscientious objector application lacked a factual basis in the record, particularly concerning the religious belief requirement.
• Comulada v. Pickett
  455 F.2d 230· 7th Cir.· 1972-01-12 ·cited 4×
  The court held that a habeas corpus petition is the proper vehicle to seek credit for time served pending appeal, and that the election to delay commencement of sentence was likely involuntary and requires an evidentiary hearing.
• Pace v. Clark
  453 F.2d 411· 5th Cir.· 1972-01-11 ·cited 4×
  The court held that a federal prisoner must exhaust administrative remedies before seeking habeas corpus relief for credit on his federal sentence for time spent in state custody.
• Kearns v. Field
  453 F.2d 349· 9th Cir.· 1971-12-21 ·cited 4×
  The district court correctly followed the appellate mandate by only considering whether the promised recommendation was made, as issues implicitly decided on appeal cannot be reconsidered on remand.
• Cindle v. Page
  452 F.2d 752· 10th Cir.· 1971-12-20 ·cited 4×
  The court held that a state prisoner is not entitled to habeas corpus relief for lack of counsel at a preliminary hearing if the defect was waived by entering a plea without objection, and other claims were without merit.
• Wallace v. Chafee
  451 F.2d 1374· 9th Cir.· 1971-12-15 ·cited 4×
  The court held that a reservist's voluntary acceptance of orders subjecting them to the Uniform Code of Military Justice (UCMJ) prior to taking the enlistment oath is valid, and that the court-martial had jurisdiction.
• Phillips v. Allen
  255 So. 2d 528· Fla.· 1971-12-08 ·cited 4×
  The Florida Supreme Court granted a habeas corpus petition by an indigent defendant who challenged sentencing that forced him to choose jail time solely because he could not afford fines. After the Municipal Court modified the sentences by vacating the fines and reducing confinem
• Robideau v. Rhay
  452 F.2d 605· 9th Cir.· 1971-12-07 ·cited 4×
  The court held that the prosecutor's comment on the petitioner's exercise of his Fifth Amendment right was harmless beyond a reasonable doubt.
• United States ex rel. Joseph Kachinski v. Cavell
  453 F.2d 581· 3d Cir.· 1971-12-07 ·cited 4×
  The court held that the record does not show an actual conflict of interest that denied the relator effective assistance of counsel, even though his attorney had previously represented a key witness in an unrelated matter.
• McGARRITY v. Beto
  452 F.2d 1206· 5th Cir.· 1971-11-30 ·cited 4×
  The denial of habeas corpus relief is affirmed because the district court's findings of fact were not clearly erroneous.
• Lucas v. The State OF Tex.
  451 F.2d 390· 5th Cir.· 1971-11-23 ·cited 4×
  The dissenting judge believes the case requires fact-finding by a lower court, not appellate review of a cold record, due to disputed facts regarding an in-court identification following a potentially suggestive lineup.
• Peckat v. Captain James Lutz
  451 F.2d 366· 4th Cir.· 1971-11-15 ·cited 4×
  The court held that the Army failed to provide a rational basis for denying the serviceman's conscientious objector claim, and therefore, the district court properly granted habeas corpus.
• Meacham v. Beto
  451 F.2d 187· 5th Cir.· 1971-11-11 ·cited 4×
  The court held that a federal habeas corpus petition may be dismissed without prejudice for failure to exhaust state remedies on all claims, even if some claims have been exhausted.
• Woods v. United States
  449 F.2d 740· 5th Cir.· 1971-10-25 ·cited 4×
  The court held that a federal prisoner is not entitled to credit for time spent on mandatory release, and that earned good time cannot be revoked.
• Newberry v. Wingo
  449 F.2d 344· 6th Cir.· 1971-10-21 ·cited 4×
  Conviction obtained without affording appointed counsel adequate time to prepare for trial violates due process and cannot stand.
• Barbara v. Johnson
  449 F.2d 1235· 6th Cir.· 1971-10-19 ·cited 4×
  The court held that the trial court's cautionary instructions to the jury cured any prejudice arising from unsolicited references to the Mafia, and thus the petitioner was not denied a fair trial.
• DIX v. Resor
  449 F.2d 317· 2d Cir.· 1971-09-24 ·cited 4×
  The court held that there was a basis in fact for the Army's decision denying the petitioner's conscientious objector status, and thus the petition for habeas corpus was properly dismissed.
• Pinkus v. Pearson
  449 F.2d 162· 9th Cir.· 1971-09-23 ·cited 4×
  The court held that the Army's finding of insincerity lacked a basis in fact, requiring discharge for the conscientious objector. The denial of the habeas corpus petition was erroneous.
• Jones v. Beto
  448 F.2d 1259· 5th Cir.· 1971-09-22 ·cited 4×
  The court held that the district court failed to make required findings of fact and conclusions of law on several of the petitioner's habeas corpus claims.
• Jones v. Crouse
  447 F.2d 1395· 10th Cir.· 1971-09-16 ·cited 4×
  The court held that the affidavits presented a sufficient basis for the magistrate to find probable cause to issue the search warrants.
• Calhoun v. Smith
  447 F.2d 1356· 5th Cir.· 1971-09-09 ·cited 4×
  The court held that a state prisoner must exhaust available state remedies, including perfecting an appeal to the state supreme court, before seeking federal habeas corpus relief.
• United States ex rel. William Irving v. Casscles
  448 F.2d 741· 2d Cir.· 1971-09-03 ·cited 4×
  The court held that a federal habeas corpus petition must be dismissed if any of the claims presented have not been exhausted in state courts, even if others have been.
• Hendry v. Henderson
  447 F.2d 983· 5th Cir.· 1971-09-02 ·cited 4×
  The court held that a prisoner's allegations of an involuntary guilty plea due to ignorance of charges and consequences, if true, are grounds for habeas corpus relief.
• Kendrick v. Nelson
  448 F.2d 25· 9th Cir.· 1971-08-31 ·cited 4×
  The court held that the search of the appellant's automobile was lawful under the Fourth Amendment, and his claim of ineffective assistance of counsel was without merit.
• McMILLIN v. Beto
  447 F.2d 453· 5th Cir.· 1971-08-23 ·cited 4×
  The court affirmed the dismissal of the habeas corpus petition, finding that the petitioner's claims were either waived by guilty pleas or had been adequately addressed in prior proceedings.
• Farmer v. Beto
  446 F.2d 1357· 5th Cir.· 1971-08-16 ·cited 4×
  A voluntary guilty plea negates claims of ineffective assistance of counsel regarding the death penalty or failure to advise of appellate rights, absent specific prejudice.
• Cochran v. Norvell
  446 F.2d 61· 6th Cir.· 1971-08-13 ·cited 4×
  A guilty plea entered by a counseled defendant after a coerced confession is not invalid if the coercion's impact has dissipated and the plea was otherwise voluntary.
• Cooks v. U. S. Bd. OF Parole
  447 F.2d 63· 5th Cir.· 1971-08-11 ·cited 4×
  The court held that a detainer lodged against a state prisoner for a federal parole violation, issued within the maximum sentence term, does not constitute an unconstitutional restraint, even if execution is delayed.
• Wally Shelby v. Phend
  445 F.2d 1326· 7th Cir.· 1971-07-22 ·cited 4×
  The court held that comity does not preclude a remand for a hearing on all grounds for relief in a habeas corpus petition, even if not all issues were fully exhausted in state court, when one claim has significant merit.
• Huson v. Rhay
  446 F.2d 861· 9th Cir.· 1971-07-21 ·cited 4×
  The court held that a federal habeas corpus petitioner cannot raise a claim of prosecutorial misconduct if they failed to object to the remarks at trial, as this constitutes a waiver under state procedural rules.
• United States v. LEE
  446 F.2d 350· 9th Cir.· 1971-07-20 ·cited 4×
  A district court's form order requiring all grounds for relief to be stated in the first petition cannot substitute for the procedural requirements established by the Supreme Court for considering second or successive petitions.
• Radcliff v. Cardwell
  446 F.2d 1141· 6th Cir.· 1971-07-20 ·cited 4×
  The court held that the arrests and the search of the vehicle's trunk were lawful, and the convictions should be upheld.
• Hyland v. Dep't OF Corr.
  445 F.2d 867· 1st Cir.· 1971-07-15 ·cited 4×
  The court held that a prisoner cannot apply accumulated 'blood credit' to a future sentence for a subsequent crime, and that the interpretation of state statutes is an internal matter not raising constitutional issues.
• United States ex rel. Samuel Valentine v. Zelker
  446 F.2d 857· 2d Cir.· 1971-07-15 ·cited 4×
  The court held that the pretrial identification procedure, viewed in totality of circumstances, was not so unnecessarily suggestive as to violate due process and taint the in-court identification.
• United States ex rel. Frank Grano, Jr. v. Anderson
  446 F.2d 272· 3d Cir.· 1971-07-09 ·cited 4×
  The court held that the affidavit accompanying the extradition demand was sufficient to establish probable cause for the burglary charge and the accused's involvement.
• Alvis v. Kimbrough
  446 F.2d 548· 5th Cir.· 1971-07-08 ·cited 4×
  The court held that the denial of habeas corpus relief must be vacated and remanded to determine if the appellants were advised of their right to counsel and intelligently waived it.
• Rought v. Henderson
  445 F.2d 622· 5th Cir.· 1971-07-06 ·cited 4×
  The court held that the failure of court-appointed counsel to advise the appellant of his appellate rights and to act to preserve those rights constituted an effective denial of constitutionally protected rights.
• Delbert R. Crosswhite v. Swenson
  444 F.2d 648· 8th Cir.· 1971-06-30 ·cited 4×
  The federal court did not err in dismissing a habeas corpus petition without an evidentiary hearing, as the state courts had fully and fairly litigated the constitutional issues.
• Norwood Lee Wilson v. Louie L. Wainwright
  445 F.2d 837· 5th Cir.· 1971-06-29 ·cited 4×
  The court held that the district court did not err in denying the state prisoner's petition for a writ of habeas corpus.
• Edwards v. Beto
  446 F.2d 18· 5th Cir.· 1971-06-22 ·cited 4×
  The court held that the state courts did not err in finding the confession voluntary and that the federal standard for confession admissibility was met.
• United States ex rel. Joseph Randazzo v. Hon. Harold W. Follette
  444 F.2d 625· 2d Cir.· 1971-06-17 ·cited 4×
  The court held that the petitioner is not required to show prejudice to have his appeal reinstated and that the case must be remanded for a hearing on whether his appeal was improperly frustrated due to indigency or ineffective assistance of counsel.
• Landman v. Mitchell
  445 F.2d 274· 5th Cir.· 1971-06-16 ·cited 4×
  A prisoner is not entitled to credit for pre-sentence custody time if the sentences were imposed before the effective date of the 1960 amendment to 18 U.S.C. § 3568 and did not involve mandatory minimums or exceed statutory maximums.
• United States ex rel. Edward Henderson (H-6460) v. Mazurkiewicz
  443 F.2d 1135· 3d Cir.· 1971-06-08 ·cited 4×
  The court held that probable cause existed for the search warrant, despite the district court's finding to the contrary.
• Forrest Cummings Green v. Turner
  443 F.2d 832· 10th Cir.· 1971-06-07 ·cited 4×
  The court held that the rule established in Boykin v. Alabama should not be applied retroactively to arraignments that occurred prior to its decision.